SMALL CLAIMS ADVISORS and COURT LOCATIONS

The small claims court is a special court where you -- the consumer -- can sue an individual or business that owes you money.

The maximum amount of money you can seek in this court is $7,500. However, you cannot file more than two small claims court actions for amounts greater than $2,500 any where in the state any calendar year. If your claim is larger, you may need to take your case to municipal or superior court, or you may choose to sue for the maximum and give up your claim to the balance. You may not divide your claim and file two lawsuits to obtain all of it.

If you are suing someone, you are called the plaintiff. The person you are suing is called the defendant. You must represent yourself; lawyers cannot represent plaintiffs or defendants in small claims court.

When your suit comes before the judge, you must explain why you believe that the defendant owes you money, and present any evidence or witnesses that help prove your case. After hearing both sides, the judge will consider the evidence and statements presented and decide the case. A plaintiff may not appeal the decision in a small claims court case.

In most counties, small claims court advisory services are available free of charge. An advisor can help you prepare your case. The staff of the small claims court can tell you how to contact the advisor service.

If you win your case, you are entitled to recover certain costs including:

1) the filing fee;

2) the costs and fees for notifying the defendant; and

3) the fees for witnesses of for service of subpoenas. Normally lost wages, travel expenses, or other expenses related to the dispute cannot be recovered as costs, but may be awarded as damages.

Don't be afraid to file your claim, even if the incident occurred many months ago. However, if the claim is over some personal injury, you must file within one year. Also, if your complaint is against a governmental agency, you may have to file a claim with the agency itself before you can sue in a court. Limitations of other claims are less strict. If there are questions about this, the judge will decide whether the suit was filed too late.

It is your right to use the small claims court when you believe that it is necessary. The process is not complicated.

Small Claims Court - To collect a Small Claims Judgement, Send a $10.00 check or money order payable to:

Consumer Law Sourcebook:
Small Claims Court Laws & Procedures (2005) Available from the Department of Consumer Affairs ($40)

This reference handbook written for use by small claims court judges and temporary judges, court commissioners, superior court judges who handle small claims court appeals, small claims advisers, court clerks, and others who counsel and assist disputants. The $40 price includes shipping and handling charges. (It replaces Volume I of the 1996 edition of the Consumer Law Sourcebook.) An order form can be found on the DCA Web site at:

The "Collecting Your Small Claims Judgement" pamphlet will tell judgement creditors when and how to use the procedures for collecting judgements, including examining judgement debtors in court, recording an abstract of judgement, obtaining and using a writ of execution, and claiming interest and court costs.

CALAVERAS COUNTY

SMALL CLAIMS ADVISOR:
Volunteer attorneys rotate weekly; phone assistance only. The county has contracted with the local Calaveras Legal Assistance to act as its advisor. Services offered: Monday-Friday 9:00-5:00
(209) 754-1443

ORANGE COUNTY

Services offered:
Recorded information on Small Claims 24-hours/day: (714) 567-7475;
Phone and walk-in: Monday-Friday 8:00-5:00
Informational lectures on small claims are scheduled for Tuesdays. Call for specific details.